Keystone Politics - Pennsylvania's Political Community

Law and Judiciary: April 2009 Archives

Feds Say Fumo Owes $4 Million

Federal prosecutors yesterday tried to debunk disgraced former state Sen. Vince Fumo's argument that he should not have to forfeit $4 million to the government.

The feds' court filing said that the defense was dead-wrong in its assertion that the feds' $4 million claim for forfeiture should be dismissed or at least limited to the $2 million amount originally sought in the indictment.

Fumo was found guilty on March 16 of 137 counts of conspiracy, fraud and obstruction of justice after a five-month trial. (Prosecutors contended at trial that Fumo defrauded the state Senate and two nonprofits of more than $4 million by, among other offenses, using Senate staffers and nonprofit resources for personal or political gain.)

In Northampton County, all four judges elected in the past 10 years -- Beltrami, Edward Smith, Emil Giordano and Paula Roscioli -- have presided over at least one donor's case, court records and campaign reports show. In Lehigh County, Maria Dantos and J. Brian Johnson have as well.

The instances underscore how judicial rules basically leave it up judges to decide whether they should recuse themselves from a case. They also demonstrate how Pennsylvania's system of electing judges leaves the bench vulnerable to claims of one-sidedness or worse, even though the donations are legal.

A USA Today/Gallup poll found in February that nearly 90 percent of Americans believe the influence of campaign contributions on judges' rulings is a problem. Reform groups argue that the perception harms the court, an institution that is supposed to be an impartial arbiter.

''Think about yourself being in court and sitting and wondering whether your opponent or your opponent's attorney made a large contribution to a judge,'' said Lynn Marks, the executive director of Pennsylvanians for Modern Courts.

In 2007, Dantos was a recently appointed Lehigh County judge and hoping to be elected to her own 10-year term on the bench. As a judge, she was presiding over a medical malpractice suit against Lehigh Valley Hospital. As a candidate, she was receiving $1,500 from the hospital's top official.

Grasping at straws...
Vince Fumo's lawyers are asking a federal judge to acquit the disgraced former state senator or give him a new trial.

Fumo was convicted by a federal jury on March 16 of 137 counts of conspiracy, fraud, obstruction of justice and related tax offenses.

Jurors found that Fumo had used Senate aides to do personal and political tasks for him on the taxpayers' dime. They also found that Fumo had tapped a nonprofit organization he founded, Citizens Alliance for Better Neighborhoods, for personal and political use and that he had taken free cruises on yachts owned by the Independence Seaport Museum.

But in a court filing yesterday, Fumo attorney Peter Goldberger said evidence presented during the five-month trial was "insufficient for any reasonable jury" to convict Fumo or co-defendant Ruth Arnao. (She was convicted on 45 similar counts.)

Philadelphia's Public Defender today petitioned the courts to dismiss charges or grant new trial to another 26 persons convicted on drug charges - all allegedly arrested based on false information by veteran narcotics Officer Jeffrey Cujdik and his paid confidential informant.

Together with 24 petitions filed on April 3 and three last Wednesday, today's filings will bring to 53 the number of people whose convictions could ultimately be dismissed.

As with the earlier petitions, the filings in Common Pleas Court today bring contend that the cases - most of which resulted in guilty pleas - are tainted by allegations by Cujdik's former paid informant, Ventura "Benny" Martinez. Martinez, in a Feb. 9 interview with the Daily News, said he and Cujdik often falsified information to convince judges to sign search and arrest warrants for drug suspects.

There were police officers from nearby towns and far-away cities. Combat veterans and young children. Family members and strangers, gathered in a line that seemed to grow endlessly, even as daylight slipped into darkness.

Through a chilly day and night, thousands of mourners had 20 hours to file past the bodies of three slain Pittsburgh police officers, and to try, however impossibly, to come to terms with their deaths.

"Every day when you leave for work, you lie to your family and say 'I'm going to be all right.' But you never really know," said Carmen Robinson, a former sergeant for one of the officers, Eric G. Kelly.


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